In Virginia there are two breath tests: one test is voluntary and the other is mandatory. If you do not take the mandatory test you will be charged with refusal to submit to a breath or blood test. The way you tell the difference between the voluntary and mandatory tests is:

Mandatory breath tests:
1) After you are arrested for DUI
2) Uses a large breath machine that is attached to a printer and keyboard
3) test given at the police station

The Voluntary breath test:
1) Small handheld device (PBT)
2) Prior to being arrested for DUI
3) On the side of the road.

for more information about DUI law and your DUI rights check out our website at http://nicholsgreen.com/practice-area...

If you have been charged with DUI or any other criminal or traffic offense in Northern Va. call Nichols & Green pllc for a free consultation (703) 383-9222